DRINKS ON SUNDAY.

Hawera Star, Volume XLVII, 2 May 1928, Page 11

DRINKS ON SUNDAY.

LICENSEE AND CUSTOMERS

BOARDER EXCUSE WITHDRAWN

Drinks served in the Dominion Hotel, Havvera, to Jack .Joyce and Thomas Winters, both of Havvera, on the morning of Sunday, April 22, resulted in the appearance in the Havvera Court before Mr R. W. Tate, S.M., of the hotel licensee James Dylccs, on throe charges oi: opening the licensed premises for the sale of liquor, exposing liquor and selling liquor during prohibited hours, while the customers were each charged on two counts with being on licensed premises during prohibited hours and with procuring the commission of an offence under the Licensing Act. Written pleas of guilty were received from Joyce and Winters, who did not appear. Defendant Dykes, who appeared with Mr P. O’Dea as counsel, pleaded guilty to the first charge read and counsel suggested that the 'others be withdrawn.

'The presence of two men hovering near the hotel resulted in a visit by Constable Mullan at about 11.30 o’clock, explained Sergeant Henry. In the passage the constable met the licensee who stated that there was no one in the bar, but going further the constable found the two men at the bar with two medium shandies and a pony s handy. The excuse had been offered that the men were boarders and the licensee had given room numbers, but an ensuing incident made it evident that they” were not boarders. This had then been admitted by the licensee, though the other two'stuck to the original story. Both men and the licensee consumed the drinks. Dykes had besn before the court before, and bis conduct of the hotel was not favourable, continued the sergeant. Mrs .Dykes was not in at the time. NOT “TELLING A TALE.”

“Defendant has pleaded guilty in a straightforward manner and has not came to court with any perjured evidence,” pleaded Air O’Dea, who asked that defendant’s honesty in the matter bo taken into consideration by the magistrate. Though on the spur of the moment he had made the statement that the men were boarders, he made amends by the subsequent admission, and the case was not one of a man “telling a tale to the court.” Unfortunately the licensee’s wife was out at the time, as had she been there the offence would not have occurred. The previous court appearance mentioned by the Sergeant had occurred two years ago and that offence had been described as a technical one by the magistrate, whose fine was 10s only.

The magistrate: “I am afraid that what you say throws rather a lurid light in other offences.” On the charge of selling, the licensee, was convicted and fined £fi and 10s costs and the other two charges were withdrawn.

“These men went there and practically persuaded the licensee to supply liquor to them,” said the Sergeant with reference to the charges against Joyce and Winters. There had been a number of eases in which customers of an hotel went after hours for drinks, practically threatening the withdrawal of legal custom if not supplied. This induced licensees to break the law. said the Sergeant in suggesting that the maximum penalty be imposed. Joyce, against whom nothing was previously known, was fined £1 and 10s costs for being on the premises after hours and £2 10$ for procuring the commission of .the offence. Winters, who had been convicted on a charge of being on licensed premises at Alanaia in October, 1927, was fined £2 and costs on each of the present charges.